Sri. Rajanala Vijaya Saradhi v. The State of Andhra Pradesh,
CRLP/9838/2024 · 2025-02-06
K Sreenivasa Reddy
body2025
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[ 2025 DAILYLAW 36921 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36921 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010605892024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327]
THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE
PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
CRIMINAL PETITION NO.9838 OF 2024
Between:
Rajanala Vijaya Saradhi ...PETITIONER/ACCUSED
AND
The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT
Counsel for the Petitioner/accused:
1. KALLA TULASI DURGAMBA
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
The Court made the following ORDER:
This Criminal Petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner herein, seeking anticipatory bail, in connection with an unnumbered Crime of Sarpavaram Police Station, Kakinada, under non-bailable offences.
2
2. Today, when the matter came up for hearing, learned Assistant Public Prosecutor submitted that a case in Crime No.570 of 2024 of Sarpavaram Police Station, Kakinada district, was registered against the petitioner herein for the offences punishable under Sections 318(4) and 351(4) of the Bharatiya Nyaya Sanhita, 2023.
3. Learned counsel for the petitioner, after arguing for some time, has confined his argument to the extent of protecting the petitioner herein from the coercive action by the police on the ground that the offences alleged are punishable with imprisonment of less than seven years and prays this Court to direct the police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
4. On the other hand, learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by the learned counsel for the petitioner for the reason that the offences alleged are punishable with imprisonment of less than seven years.
5. Heard. Perused the material on record.
6. Since the offences alleged are punishable with imprisonment of less than seven years, this Court directs the
3 police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 scrupulously and as per the guidelines enunciated by the Hon’ble Supreme Court of India in Arnesh Kumar Vs. State of Bihar and another1.
7. With the above directions, the Criminal Petition is disposed of.
8. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.
________________________ K. SREENIVASA REDDY, J. Date:06.02.2025 Nsr
1 (2014) 8 SCC 273
4 HON’BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.9838 of 2024
Date:06.02.2025
Nsr